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It’s a secured debt and the client is behind on repayments

If the relevant credit contract is a mortgage or a secured loan, the client has been issued with a valid default notice and the default has not been addressed within the prescribed timeframe, the creditor may have the right to seize and sell the secured property (usually a house or car).

Refer to Secured Debts and Mortgage Arrears for information regarding your client’s options.

Remember:

  • these matters are time critical; and
  • not all clients with mortgage issues will be eligible to receive assistance from Homeless Law (for example, if they have significant equity in their home) – speak with Homeless Law on a case-by-case basis about these matters.

You should immediately confirm whether the client has received a valid default notice, the date of this notice and the notice period provided (usually 30 days).

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